Settlement or tourist Visa to UK?

[Lloydies]

I can't speak for the BC as I work for IDP.  But the IDP tests start at 10am and then every 30 minutes thereafter.  If she was doing the test at IDP she would be sent a date/time/directions. I would imagine the BC should do the same!

 

One of the reasons some fail, apart from a general lack of communication, is because they get 2-3 of the Listening questions wrong.  There are only 3 questions, but it's important that they get at least 2 correct, or it can be difficult to pass.

 

A sample paper is here:

 

https://takeielts.britishcouncil.org/sites/default/files/IELTS%20Life%20Skills%20-%20Sample%20Paper%20A%20Level%20A1.pdf

Did you test the missus on May 6th?

[brewster]

Did you test the missus on May 6th?

 Quite possibly as I was examining on that day, however there was another examiner working as well.  I did 6 tests and the other guy did 4.

[Lloydies]

 Quite possibly as I was examining on that day, however there was another examiner working as well.  I did 6 tests and the other guy did 4.

Harry

[bobbymack]

I seem to be between a rock and a hard place, as a visa agent seems to think that the evidence for living as unmarried partners is weak and should be 6 items of evidence such as joint bank accounts or joint named utility bills. We just don't have this from living together in Thailand. I am also disgusted at the price of the settlement visa of £1200 plus £600 NHS charge, the first of which would not be refunded if refused.

I have therefore decided to initially go for a tourist visa on the basis the GF is coming to England to visit my family and see if she likes to live in England. Problem is she has no job now in Thailand, no children and no property. She is living off me as my partner. The reason to return, as far as we are concerned is that she would return in 6 months to re-apply for the settlement visa.

I have the funds and can show that. I am returning to UK to get a job and she is accompanying me as my partner.

Just seems so wrong that after living and working in Thailand for a few years that I simply cannot (or proving to be difficult) have my partner come back with me to UK on either visa.

Obviously I will explain the situation in the visa application but should I mention that the intention is to make a settlement application after 6 months and after her return to Thailand?

[Scumbag]

 I am also disgusted at the price of the settlement visa of £1200 plus £600 NHS charge, the first of which would not be refunded if refused.

You should consider yourself lucky! The Australian equivalent is nearly £3500!!

 

You shouldn't have any problems getting a tourist visa. I wouldn't mention your plan for applying for a settlement visa. It will indicate that she has a Desire to live there and this is one less reason for her to go back to Thailand. If possible I think it best to make it easy for them to believe that both of you are going for a holiday without committing fraud.

 

On the evidence situation does the UK count joint travel? If so you can use any previous travel details (as well as teh upcoming travel) as evidence. What about statements from people who know that you are living together?

[Thai Visa Express]

You will need 6 items over a 2 year period ive seen these refused before.

[bobbymack]

So should I state in the visitor visa application that the intention is to return to Thailand after 6 months to apply for the settlement visa?

 

Also, what docs are required for the visitor visa when they say that no photos or utility bills or mortgage statements etc should be submitted?

[Scumbag]

So should I state in the visitor visa application that the intention is to return to Thailand after 6 months to apply for the settlement visa?

As I stated before I wouldn't.

 

In the support letter for the tourist visa application you could state that you are both currently living together in Thailand. You could then state at the end of the holiday she will return to the home you are currently living in. If you don't mention that your plan is to stay in the UK and find a job they are likely to assume that you mean that both of you will be returning to Thailand. Importantly you would not be lying.

[Thai Visa Express]

The application will be judged on the balance of probabilities will the applicant return at the end of her stay.

 

Land

 

House

 

Family ties

 

Employment

 

All of the above are positive reasons to return in a general refusalnotice most are declined because the applicant has nothing to return to.

[bobbymack]

Therein lies being in a rock and hard place because unless I have enough evidence for settlement visa then the visitor visa is the only option. If the evidence is not enough that she will return then they cannot surely refuse one or the other. She does not have a job here anymore. (what job would leave it open anyway to return after 6 months away?) She does not have property in her name or children either.

As far as I can see the new Visitor Visa, covers visits for family (i.e. my family/hers of unmarried partner) as well as just tourists.

What it wrong with the argument that she wants to visit UK for 6 months and for us to see if it will work out and then she will return to apply for a settlement visa in Thailand after 6 months). I understand that she will have to wait 6 months after the first visitor visa before applying for another, so settlement visa is then the only next option.

The whole set-up is illogical and I do not think that is the intention of the rule-makers. Just that they have not thought all the eventualities that can happen. I do not think that their intention is make either route for me impossible, considering that I have more legitimacy than most people who meet a girl here for a few weeks and wish to take her home. There has to be discretion therefore and for a decision to be made on the circumstances of each case, despite what you say.

I cannot simply say, I am going back to England for 6 months and then returning as well, as that would be a lie. There is no evidence for that either, as I don't have a job here.

[bobbymack]

Another thing is that, if I was already in England working and I wanted my girlfriend of 3 years to visit for 6 months, there would equally be no reasons to return if the intention is to live together. How is it that plenty of guys bring over girls to England or other European countries, most of whom are 'bar girls' with none of the above reasons to return?

[brewster]

Another thing is that, if I was already in England working and I wanted my girlfriend of 3 years to visit for 6 months, there would equally be no reasons to return if the intention is to live together. How is it that plenty of guys bring over girls to England or other European countries, most of whom are 'bar girls' with none of the above reasons to return?

 

Whether or not they are bargirls is irrelevant.  If you have the funds and she has a reason to return, the visa should be granted.  I would advise against applying for 6 months though, as 6 months is a very long holiday for anyone.  Although all visas are valid for 6 months, it would be better to apply for a 3-4 week holiday. 

[bobbymack]

As you can see in my previous post, the idea is not for holiday, it is for seeing it we can make it living together in England. The holiday of 3-4 weeks is not the purpose. You missed my point: the problem, as I outlined, is that the visa rules are illogical for what is a genuine reason for going back to UK with my partner of 3 years. The bargirl issue was just an example as most falangs meet bargirls most of whom have no money and certainly no job to return to.

[brewster]

As you can see in my previous post, the idea is not for holiday, it is for seeing it we can make it living together in England. The holiday of 3-4 weeks is not the purpose. You missed my point: the problem, as I outlined, is that the visa rules are illogical for what is a genuine reason for going back to UK with my partner of 3 years. The bargirl issue was just an example as most falangs meet bargirls most of whom have no money and certainly no job to return to.

 

I see your problem.  Unfortunately applying for a Visitor visa for a 6 month stay, when your ultimate plan is to settle in the UK, isn't likely to work, for all the reasons you mention.  I'd go for the Settlement visa and find a way of evidencing your relationship in Thailand, or change your plans and make it a shorter holiday (as I'm sure you know, there is nothing to actually stop her staying in the UK for 6 months, even if you stated a shorter visit on the application, although it is likely to make future applications difficult unless you can give a good reason for it).

 

The Settlement visa rules are not really "illogical" - they're unfair and strict, but if you intend for her to settle in the UK you will have to follow them.  Having to prove your relationship is understandable.  Maybe your Agent is being unnecessarily cautious?

[bobbymack]

I am not using an agent officially but I have been put off the idea for a number of reasons including the cost and possible refusal and whether spending this amount is wise, considering my girl has never been to England and maybe it won't work out?

As to reasons to return on a tourist visa being illogical:

Low paid factory/shop/bar/office job: No reason to return!

Children: No reason to return as the girl can work overseas and send money home as is the usual case.

House or land: no reason to return in the short term as the they aren't going anywhere. They can be sold or rented out from overseas.

 

So the Home Office reasons to return for these girls makes no sense as these are not reasons to return. Obviously they are applicable for someone who is a professional and has a business in Thailand but then would only be going for a holiday.

What sort of person would then be granted a 6 month visa for the UK, if not someone visiting 'family' and seeing if the move is ok for them?

The new 'visitor visa' in my opinion combines the old visiting family and tourist visa etc. in order to streamline the form but is for numerous purposes.  

[brewster]

Have you definitely decided to return home permanently?  If not, and you are legally staying in Thailand, you can use this as a reason for her to return as you will be returning to Thailand as a couple.  This has been accepted by UKVI in the past, even if the applicant doesn't have a job to go back to.

 

Each application is considered on its merits; also ThaiVisa Express in Pattaya should be able to give you definitive advice on the Settlement visa and will take you on a 'no visa - no fee' basis.  The visa cost and other charges are exorbitant though - I'm in a similar position to you and weighing up whether to go through with it.

[Lloydies]

I seem to be between a rock and a hard place, as a visa agent seems to think that the evidence for living as unmarried partners is weak and should be 6 items of evidence such as joint bank accounts or joint named utility bills. We just don't have this from living together in Thailand. I am also disgusted at the price of the settlement visa of £1200 plus £600 NHS charge, the first of which would not be refunded if refused.

I have therefore decided to initially go for a tourist visa on the basis the GF is coming to England to visit my family and see if she likes to live in England. Problem is she has no job now in Thailand, no children and no property. She is living off me as my partner. The reason to return, as far as we are concerned is that she would return in 6 months to re-apply for the settlement visa.

I have the funds and can show that. I am returning to UK to get a job and she is accompanying me as my partner.

Just seems so wrong that after living and working in Thailand for a few years that I simply cannot (or proving to be difficult) have my partner come back with me to UK on either visa.

Obviously I will explain the situation in the visa application but should I mention that the intention is to make a settlement application after 6 months and after her return to Thailand?

Settlement visa fee & NHS surcharge is payable in USD

 

Visa fee is $1816

NHS is $912

 

This is up to date as I paid it last week.

[Lloydies]

You should consider yourself lucky! The Australian equivalent is nearly £3500!!

 

 

We let illegals in free and give them loads of benefits, no need for English test or health checks either 

[Lloydies]

You would be better off getting a visa agent to at least advise you or even do the application for you.

[Mr David]

 

The Settlement visa rules are not really "illogical" - they're unfair and strict, but if you intend for her to settle in the UK you will have to follow them.  Having to prove your relationship is understandable.  Maybe your Agent is being unnecessarily cautious?

Have to disagree as I think parts are illogical. For example:-

 

Subject 'A' has a property worth £400'000 and is mortgage free. He now earns only £18'000 and therefore does not meet the required income and has no savings to make up the difference. Visa refused.

 

Subject B earns £18'600 but rents a property or pays a mortgage at £700 per month. Visa granted as he earns the minimum income needed but actually has less disposable income.

 

Subject A is obviously better off every month financially but the visa would be refused as they don't look at disposable income which is illogical. Subject A could remortgage his house and stick £62'500 in the bank and then get the visa without having to show any employment or income at all. After six months of having the money in the bank he could get visa for wife. Pay off the mortgage and be back to earning £18'000.

 

Also:

The income threshold of £18,600 is based on advice from the independent Migration Advisory Committee, and is calculated as the level at which a couple generally ceases to be able to access income-related benefit.

 

Unfortunately the UK government have twisted this as they only consider the income of the U.K. Spouse. It was originally intended to represent a joint income of two people. My wife could have an income from investments or other but none of this is actually taken in to consideration.

 

It's also pretty stupid that if you earn the minimum £18'600 they then charge you nearly £2000 to process a visa (visa+NHS+TB+English test). If going by what they say then this will force you in to claiming benefits as it has just pushed your annual income down to £16'600 (not working out tax etc.)

 

They are actually targeting the wrong people with their rules, in my opinion.

[Lloydies]

They make the rules, we have to follow them if we want to get visas.

 

There are a lot of things that I think are wrong with their system but they aint gonna change anything unless they want to.

[Mr David]

We let illegals in free and give them loads of benefits, no need for English test or health checks either 

We let any EU citizen in and allow them to bring their wife from anywhere in the world for free, called a family permit. They can stay for 5 years as opposed to visa for 2.5. They also don't need to pay anything further if they want to stay at the end of it.

 

This is my main gripe. I don't understand why I'm not allowed to do the same in a country I've paid taxes in all my life. Under EU law I should be entitled to the same under the freedom of movement act.

 

Sucks

[Lloydies]

We let any EU citizen in and allow them to bring their wife from anywhere in the world for free, called a family permit. They can stay for 5 years as opposed to visa for 2.5. They also don't need to pay anything further if they want to stay at the end of it.

 

This is my main gripe. I don't understand why I'm not allowed to do the same in a country I've paid taxes in all my life. Under EU law I should be entitled to the same under the freedom of movement act.

 

Sucks

This is true and if for any reason they refuse my wifes visa i will go and work in Europe for 3 months and bring her in this way, either that or move back to Thailand.

[Mr David]

This is true and if for any reason they refuse my wifes visa i will go and work in Europe for 3 months and bring her in this way, either that or move back to Thailand.

As long as we are still in the EU!

[Lloydies]

As long as we are still in the EU!

That is also true but we don't need to be in the EU for me to move back to Thailand